Elsea Law Criminal Defense Drug Charges
Being charged with a drug offense is often scary experience and can potentially alter the rest of your life. Penalties for drug crimes, especially in Florida, can be severe and include jail time and substantial fines. The impact of a drug charge can also be seen far beyond the court case. Having a drug charge on your record can significantly impact your housing, education, or employment situation. Whether your drug charge is a misdemeanor or felony, hiring an experienced drug crime lawyer in Tampa can be the first step in securing the best outcome for your case.
An experienced drug defense attorney can work to potentially get your charges reduced or dismissed. Search and seizure law is a common component of drug cases. Whether the exclusionary rule applies to your situation is an important factor in evaluating the strength of the government’s case. Do you have standing to challenge an illegal search? Did law enforcement violate your constitutional rights? An experienced Tampa drug defense attorney can help answer these questions and can work to achieve the best outcome for your criminal drug charge.
Marijuana laws in many jurisdictions are changing to be more reflective of public opinion. Florida has a medical marijuana program. Possession by recreational users is not entirely legal (yet). The “gray area” of marijuana possession in Hillsborough County and the surrounding areas is a legal landscape that is constantly changing. Is there a diversion program available to me? I got arrested / got a citation- but will I be prosecuted? These are questions best answered by a lawyer. If charged with possession of marijuana, it’s important to contact a Tampa marijuana defense attorney as soon as possible.
Through the DEA, drugs are classified into various schedules, ranging from I to V. The lower the schedule a drug is assigned, the more serious of a criminal charge it is. Schedule V drugs usually carry far less harsh penalties than the other scheduled drugs.
The various penalties for drug crime in Florida are outlined in Florida Statute § 893.13. The penalties for drug charges depend on the schedule of the drug involved and circumstances surrounding its discovery (e.g., was it packaged for distribution, was it found near a school, was a weapon involved).
Aside from small amounts of cannabis, possession of any controlled substance is a felony in Tampa, Florida and can result in a sentence in Florida prison. Having your drivers license suspended is also a common consequence.
Depending on the charge, the punishments can vary widely. A first-degree felony is punishable by up to 30 years in prison. A second-degree felony conviction can result in up to 15 years in prison. A third-degree felony conviction can result in up to 5 years in Florida prison. If convicted of a first-degree misdemeanor, punishment can include up to a year in jail, whereas a second-degree misdemeanor can carry up to 60 days in county jail. All these charges carry possible fines, ranging from $500 for a second-degree misdemeanor all the way up to $10,000 for a non-trafficking first-degree felony. Convictions for drug trafficking can carry minimum-mandatory sentences, as well as fines that can reach millions of dollars.
An experienced Tampa drug attorney can be a pivotal ally in fighting a drug charge in Florida. The Elsea Law firm has years of experience in navigating drug charges and will work to achieve a successful outcome for you. If you or a loved one has been arrested and charged with a drug crime, we are here to help you navigate the criminal justice system. Call the Elsea Law Firm today or fill out our contact form for a free consultation request.